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2021 Supreme(Pat) 30

BIRENDRA KUMAR
Rana Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Vikramdeo Singh, Advocate, Shankar Kumar, Advocate, Zeyaul Hoda, Advocate

JUDGMENT

Birendra Kumar, J. - This is an appeal against the judgment of conviction. The sole appellant has been convicted for offences under Sections 20(b)(ii)(C) of the N.D.P.S. Act in connection with N.D.P.S. Case No.8 of 2015, arising out of Brahampur (Chakki O.P.) P.S. Case No.336 of 2015, by learned Sessions Judge-cum-Special Judge, Buxar. By the same judgment the appellant was acquitted of the charges under Sections 27(a) and 29 of the N.D.P.S. Act. The learned trial Judge has sentenced the appellant to undergo rigorous imprisonment of ten years and to pay a fine of rupees one lac. In default of payment of fine the appellant would undergo further two years rigorous imprisonment. The judgment of conviction dated 08.06.2017 and order of sentence dated 12.06.2017 are under challenge in this appeal.

2. The prosecution case, as disclosed in the self-statement of Sub-Inspector Narad Muni Singh (PW 1), is that on 24.11.2015, in the morning, the informant got confidential information that in village Visheshwar Dera illegal Ganja has come in the house of the appellant for commercial purpose. Sanha entry was made of the information and the senior officers were informed. The informant alo

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